Waterway Rules Proposal

Yarra River upstream of port waters of the Port of Melbourne1

The Director, Transport Safety (TSV), invites public comment on the proposed changes to Schedule 3 of the Vessel Operating and Zoning Rules. The changes proposed will affect the upstream of port waters of the Port of to Dight’s Falls, as detailed in this document. Parks Victoria is the waterway manager for these waters.

The proposed changes address emerging safety issues in order to improve safety outcomes on the Yarra River. The rules currently in place under Schedule 3 will continue to apply, unless otherwise amended by the proposed rules that are outlined in this document.

Printed copies of this free document are available at:

Parks Victoria Barkly Ave Burnley VIC 3121

VicRoads – Hub@Exhibition 113 Exhibition St Melbourne VIC 3000

Melbourne City Marina 120/439 Docklands Dr Docklands VIC 3008

If you would like a copy posted to you telephone or email using the details below.

In accordance with s195 of the Marine Safety Act 2010, Maritime Safety Victoria (MSV), a branch of TSV, welcomes your feedback and advises that only written submissions received by close of business 6 November 2019 will be considered.

Submissions must be in writing, and either:

• emailed to [email protected] or • posted to Yarra River Waterway Rules Proposal, TSV, PO Box 2797, Melbourne VIC 3001

For any other queries regarding the proposals, please email as above or phone 1800 223 022 (select the waterway safety unit option).

Personal information, including your views, provided through participation in this consultation will be treated in accordance with TSV’s Privacy Policy (https://transportsafety.vic.gov.au/privacy). In addition, a summary of feedback provided will be published as part of the Statement of Reason for Rule Making as required by section 188 of the Marine Safety Act 2010 (Vic) in a de-identified form.

1 ‘Upstream’ of the port waters of the Port of Melbourne starts from the western drip line of the

Proposed waterway rule changes – Yarra River upstream of port waters of the Port of Melbourne to Dight’s Falls

The only current waterway rules for the specified section of the River, in place under Schedule 3 of the Vessel Operating and Zoning Rules, that will be affected by the proposed new waterway rules are:

• Clause 3.1 – Five knot speed limit for all the waters of the Yarra River upstream of port waters of the Port of Melbourne. This will be amended by proposed rule 7 below for vessels without an engine used for propulsion and vessels engaged in coaching activities.

• Clause 3.3(c) – Prohibition of specified activities: Areas where berthing and mooring is prohibited: i. Upstream of port waters of the Port of Melbourne to Dight’s falls, excluding those areas detailed in Table 1 for the times and purposes detailed in that table, and those waters in the Docklands Area as defined in Schedule 1 of the Docklands Act 1991; ii. Vessels are exempt from this rule when berthed or moored on the Yarra River in accordance with a written authority from Parks Victoria. The only berthing restrictions that are under review apply to Leonda Landing, Herring Island South Landing, Como Landing, Swan Street North Landing, Melbourne Park Landing, Federation Wharf – berths 1, 2, 3, 4, 5 and 6, Flinders Landing, Flinders Walk Floating Landing, Southgate Wharf – berths 1, 2, 3, 4, 5, 6 and 7, Sandridge Wharf, Banana Alley Wharf, Turning Basin Wharf, Clarendon Promenade Landing and South Wharf Landing.

For a copy of the current rules, visit https://transportsafety.vic.gov.au/maritime-safety/ports-and-waterways/waterway-rules

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Proposed waterway rules Definitions of terms used in the proposal

‘Formal training’ means training conducted under the direction of an incorporated club, organisation or association that is affiliated with the respective peak body where supervision of participants and appropriate rescue services are provided, or under a Safety Management Plan approved by Maritime Safety Victoria. ‘Baulk’ means operating at a speed or in a manner that obstructs the passage of other vessels. ‘Sporting organisation’ includes an organisation that: (a) Has control in , a foreign country or internationally of one or more sports or sporting events; or (b) Organises or administers one or more sports or sporting events; or (c) Accredits people to take part in sporting competition; or (d) Provides teams to compete in sporting competition; or (e) Trains, or provides finance for, people to take part in sporting competition.

‘Yarra River upstream of port waters of the Port of Melbourne’ means the Yarra River upstream of the western drip line of the Bolte Bridge to Dight’s Falls.

The proposed new rules for the waters upstream of port waters of the Port of Melbourne to Dight’s Falls (referred to as ‘the specified section’) include:

1. Restricted Zones

It is proposed that all bridges on the Yarra River in the specified section, will have Restricted zones extending the width of the river and 75 metres upstream and downstream of each bridge. Within these zones all vessels, unless departing from or arriving at a dock or berth, will have to comply with the following (unless in an emergency): a) No stopping b) No turning, reversing direction or crossing the river c) No overtaking d) No drifting or baulking e) Give way to vessels travelling downstream, unless operating a vessel which is restricted in its ability to manoeuvre (this includes engine-powered vessels over 12 metres and vessels without an engine used for propulsion over 14 metres) f) No travelling side by side under narrow bridge arches (including Spencer St Bridge and Queens Bridge) g) Navigation under bridges must be per the Bridge Arch Guide (see below pages 7 and 9).

Reasoning – the use of Restricted Zones will seek to manage and control the following safety issues/risks –

• collision between vessels and between vessels and infrastructure when vessels overtake each other close to or under bridges • collision with trailing and oncoming vessels when vessels stop, turn, drift or baulk close to or under bridges • collision with infrastructure when vessels travel two or more abreast when transiting under narrow bridge arches

Implications for waterway users – • This proposed rule will restrict activities which may be undertaken in the area both 75 metres upstream and downstream of each bridge. That is, any activities which involve stopping or drifting, turning or crossing the river, or overtaking close to bridges will be prohibited, unless departing from or arriving at a dock or berth, or in an emergency.

2. Turning and crossing zones

It is proposed that, in the specified section of the Yarra River, rowing boats and dragon boats will have to turn or cross the river only in the designated Turning and crossing zones as marked by signs on shore (unless in an emergency). This must be done only when the river is clear, as quickly as possible by the shortest safe route (see proposal maps from page 6 onwards for locations).

All other vessels will have to give way to vessels navigating either upstream or downstream and turn or cross only when the river is clear, doing so as quickly as possible by the shortest safe route.

Reasoning – the use of Turning and crossing zones will seek to manage and control the following safety issue/risk –

• collision when large numbers of vessels are operating on the River by providing a consistent guide to where rowing boats and dragon boats will manoeuvre on the river in terms of turning and reversing direction.

Implications for waterway users – • The proposed rule will prohibit rowing boats and dragon boats from turning and crossing the river outside the designated zones, while all other vessels may turn or cross at any point provided the river is clear and they take the shortest possible safe route. 2

3. Stopping zones

It is proposed that, in the specified section of the Yarra River, rowing boats and dragon boats will have to stop only in the designated Stopping zones as marked by signs on shore (unless in an emergency) (see proposal maps from page 6 onwards for locations). When stopping within these zones, vessels will have to pull over as close to the starboard bank as is safe and practicable and not impede the passage of other vessels.

All other vessels must ensure they stop as close to the starboard bank as is safe and practicable and not impede the passage of other vessels.

Reasoning – the use of Stopping zones will seek to manage and control the following safety issue/risk –

• collision when large numbers of vessels are operating on the River by providing a consistent guide to where rowing boats and dragon boats will manoeuvre on the river when stopping.

Implications for waterway users – • This proposed rule will prohibit rowing boats and dragon boats from stopping outside the designated zones, while all other vessels must ensure that, in stopping, they do not impede the passage of other vessels.

4. Travelling side by side

It is proposed that, in the specified section of the Yarra River, all vessels will have to comply with the following: a) A maximum of two vessels may proceed side by side when travelling in a downstream direction provided there is room to do so and vessels remain on the starboard side of the river without obstructing vessels travelling upstream. The exceptions are the waters to the north of Herring Island, extending the length of the island, and the waters of the anabranch which diverts from the main river channel to the south of the island, where vessels must proceed in a single file. b) Vessels will have to proceed in a single file when travelling in an upstream direction at any time, unless overtaking another vessel. c) Travelling side by side will not be permitted under Spencer St Bridge and Queens Bridge. d) Vessels engaged in coaching activities will have to travel astern of the vessel they are accompanying in the area between 100 metres downstream of and 100 metres upstream of Power House rowing landing. Outside this area, they may travel on either side of the vessel they are accompanying, providing they do not impede the passage of other vessels.

Reasoning – this will address the following safety issue/risk – • collisions due to vessel activities spreading across a significant portion of the width of the river particularly in congested peak times.

Implications for waterway users – • This proposed rule will restrict the areas where one vessel can travel beside another (upstream) and where more than two vessels can travel side by side (downstream).

5. Overtaking

It is proposed that, in the specified section of the Yarra River, all vessels will have to comply with the following: a) When travelling downstream: i. A single vessel may only overtake up to two slower vessels travelling side by side if the river is clear; ii. Two vessels may only overtake up to one slower vessel if the river is clear; iii. Two or more vessels may not overtake two or more slower vessels travelling side by side under any circumstances.

b) When travelling upstream: i. A single vessel may only overtake up to one slower vessel if the river is clear.

c) Overtaking must not occur at any time in the waters to the north of Herring Island, extending the length of the island, and the waters of the anabranch which diverts from the main river channel to the south of the island, regardless of the direction of travel.

d) Vessels being overtaken must maintain course and speed and must not baulk the passage of an overtaking vessel.

e) No vessels may overtake another vessel on its starboard side except where safety requires it.

f) All vessels should navigate as close to the starboard bank as is safe and practicable.

Reasoning – this will address the following safety issue/risk – • collisions with other vessels during periods of congestion, as well as collisions with infrastructure or fixed objects by clarifying the overtaking requirements.

Implications for waterway users – • This proposed rule will restrict activities when more than one or two vessels overtake or are overtaken, at the same time.

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6. Vessels must give way to those restricted in their ability to manoeuvre

It is proposed that, in the specified section of the Yarra River, all vessels will have to give way to engine-powered vessels over 12 metres in length and vessels without an engine used for propulsion over 14 metres in length. In all other cases, vessels travelling downstream will have right of way.

Reasoning – this will address the following safety issue – • smaller vessels impeding the passage of larger vessels such as commercial tour boats and rowing eights which may be restricted in their ability to manoeuvre.

Implications for waterway users – • This proposed rule will restrict the actions of vessels not restricted in their ability to manoeuvre when navigating in the presence of larger vessels.

7. Speed limit for vessels without an engine used for propulsion

It is proposed that, in the specified section of the Yarra River: a) Vessels without an engine used for propulsion will be permitted to operate at a speed not exceeding 8 knots when engaged in formal training; b) Vessels engaged in coaching activities will be permitted to operate at a speed not exceeding 8 knots when operating either 100 metres downstream of Princes Bridge or 100 metres upstream of Power House rowing landing provided they do not exceed the speed of the vessels they are accompanying and do not generate undue wash.

All other vessels will have to adhere to the 5-knot speed limit under clause 3.1.

Reasoning – • rowing vessels and other faster human-powered vessels, when engaged in formal training, routinely exceed the 5-knot speed restriction and operate in breach of State rules clauses 3(a) and 3(b) and Scheduled rules clause 3.1.

Implications for waterway users – • Certain vessels without an engine used for propulsion will be permitted to operate at speeds of up to 8 knots, increasing potential overtaking activity.

8. Allocation of moorings and berths

The berth locations and associated restrictions listed in Table 1 below will be updated in line with contemporary usage of these berths. All other berthing restrictions will remain the same as per the current berthing restrictions.

Reasoning – • Updates the berthing restrictions contained in the waterway rules to reflect the contemporary usage of specific berths.

Implications for waterway users – • Some berths may become available or unavailable to certain vessel types/waterway users.

Table 1 Berth location Current Berthing Restriction Proposed Berthing Restriction Leonda Landing Pick up and drop off passengers only Loading zone – pick up and drop off passengers and cargo only. Vessels must be manned Herring Island South Landing Pick up and drop off passengers only Loading zone – pick up and drop off passengers and cargo only. Vessels must be manned Como Landing Pick up and drop off passengers only Loading zone – pick up and drop off passengers and cargo only. Vessels must be manned Swan Street North Landing – name change Pick up and drop off passengers only Short term berth – 4 hour limit. Vessels may be unmanned to Glasshouse Landing Melbourne Park Landing Commercial vessels only / Pick up and drop off passengers only Loading zone – pick up and drop off passengers and cargo only. Vessels must be manned Federation Wharf – Berth No. 1 Commercial vessels only / Pick up and drop off passengers only Loading zone – pick up and drop off passengers and cargo only. Vessels must be manned Federation Wharf – Berth No. 2 Authorised commercial vessels only Permit only berth – berthing prohibited without a permit. Vessels may be unmanned

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Federation Wharf – Berth No. 3 Authorised commercial vessels only Permit only berth – berthing prohibited without a permit. Vessels may be unmanned Federation Wharf – Berth No. 4 Authorised commercial vessels only Permit only berth – berthing prohibited without a permit. Vessels may be unmanned Federation Wharf – Berth No. 5 Authorised commercial vessels only Permit only berth – berthing prohibited without a permit. Vessels may be

unmanned Federation Wharf – Berth No. 6 Authorised commercial vessels only Permit only berth – berthing prohibited without a permit. Vessels may be unmanned Flinders Landing 4 hour limit Permit only berth – berthing prohibited without a permit. Vessels may be unmanned Flinders Walk Floating Landing Nil Short term berth – 4 hour limit Southgate Wharf – Berth No. 1 Authorised commercial vessels only Permit only berth – berthing prohibited without a permit. Vessels may be unmanned Southgate Wharf – Berth No. 2 Authorised commercial vessels only Permit only berth – berthing prohibited without a permit. Vessels may be unmanned Southgate Wharf – Berth No. 3 Authorised commercial vessels only Permit only berth – berthing prohibited without a permit. Vessels may be unmanned Southgate Wharf – Berth No. 4 Authorised commercial vessels only Permit only berth – berthing prohibited without a permit. Vessels may be unmanned Southgate Wharf – Berth No. 5 Authorised commercial vessels only Remove as available berth Southgate Wharf – Berth No. 6 Authorised commercial vessels only Remove as available berth Southgate Wharf – Berth No. 7 Authorised commercial vessels only Remove as available berth Southbank Landing Commercial vessels only / Pick up and drop off passengers only Loading zone – pick up and drop off passengers and cargo only. Vessels must be manned Sandridge Wharf 4 hour limit Separate into: Sandridge Wharf – Berth No.1 – 4 hour limit. Vessels may be unmanned Sandridge Wharf – Berth No. 2 – berthing prohibited without a permit. Vessels may be unmanned Banana Alley Wharf Authorised commercial vessels only Separate into: Banana Alley Wharf – Berth No. 1 – berthing prohibited without a permit.

Vessels may be unmanned Banana Alley Wharf – Berth No. 2 – berthing prohibited without a permit. Vessels may be unmanned Banana Alley Wharf – Berth No. 3 – Loading zone – pick up and drop off passengers and cargo only. Vessels must be manned Turning Basin Wharf Pick up and drop off passengers only Short term berth – 4 hour limit. Vessels may be unmanned Clarendon Promenade Landing / World Trade Commercial vessels only / Pick up and drop off passengers only Loading zone – pick up and drop off passengers and cargo only. Vessels

Centre Wharf – name change to Melbourne must be manned Exhibition Landing South Wharf Landing Commercial vessels only / Pick up and drop off passengers only Separate into: South Wharf Landing – Berth No. 1 – berthing prohibited without a permit. Vessels may be unmanned South Wharf Landing – Berth No. 2 – Loading zone – pick up and drop off passengers and cargo only. Vessels must be manned

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MAP 1 – Yarra River Proposed Waterway Rules – Upstream of port waters of the Port of Melbourne to Herring Island

NB: there will be a stopping and turning Banana Alley Wharf Flinders Landing & Federation zone immediately upstream of the Bolte Flinders Walk Wharf Bridge, prior to entering port waters Floating Landing Enterprise 9 Wharf 7 Turning Basin Wharf

World Trade Centre 8 Wharf / Clarendon VRA South Promenade Landing Southgate Landing Wharf 6 Wharf Landing Henley 1 4 Southbank Landing Swan St Floating Landing/ Landing Melbourne Park Landing 5 10 Swan St Fixed Landing Glasshouse Landing

2 Sandridge Kings Domain Landing 3 Wharf

1 Webb Bridge Exhibition Centre Floating Landing 2 Charles Grime Bridge Herring Island Floating 3 11 Crown Floating Landing (South Yarra Side) Landing 4 Spencer St Bridge 5 Kings Bridge Rowing 12 6 Queens Bridge Botanic landing Gardens (Powerhouse) 7 Landing Herring Island 8 Evan Walker Bridge Floating Landing 9 Princes Bridge (Burnley Side) Anderson 10 Swan St Bridge St Fishing 11 Platform Punt Rd Floating 13 12 Punt Rd Bridge Landing 13 Cremorne Rail Bridge 14

MAP14 2 –Chapel Yarra St Bridge River Proposed Waterway Rules – Upstream of Port waters to Herring Island Caroline St Landing Como Floating Landing

Legend

Restricted Zone – all vessels

Turning & Crossing Zone – rowing boats and dragon boats

Stopping zone – rowing boats and dragon boats

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BRIDGE ARCH GUIDE 1 – Upstream of Port waters to Herring Island

1 Webb Bridge N S 8 Evan Walker N S

1 2 3 Bridge 1 2 3 Vessels without engine Vessels without engine Down/Up Down Up used for propulsion used for propulsion Engine-powered Engine-powered Down/Up Down/Up Up vessels vessels

2 Charles Grime N S 9 Princes Bridge N S Bridge 1 2 3 1 2 3 Vessels without engine Vessels without engine Down Up Down Down Up used for propulsion used for propulsion Engine-powered Engine-powered Down/Up Up Down Down/Up Up vessels vessels

10 3 Seafarers Swan St Bridge N S N S Bridge 1 2 3 1 2 3 4 5 Vessels without engine Vessels without engine Down/Up Down Down Up used for propulsion used for propulsion

Engine-powered Engine-powered Down/ Down/Up Down Up vessels vessels Up

11 Morell Bridge N S 4 Spencer St N S 1 2 3 Bridge 1 2 3 Vessels without engine Vessels without engine Down Down Up Down Up used for propulsion used for propulsion Engine-powered Engine-powered Down Down/Up Up Down/Up n/a vessels vessels

12 Punt Rd Bridge N S 5 Kings Bridge N S 1 2 3 1 2 3 4 5 Vessels without engine Down Down Up Vessels without engine used for propulsion Down/Up Up used for propulsion Engine-powered Down/ Down Up Engine-powered vessels Up Down/Up n/a vessels

13 Cremorne Rail N S 6 Queens Bridge N S Bridge 1 2 3 1 2 3 4 5 Vessels without engine Down Down/Up Vessels without engine used for propulsion Down Down Up Up used for propulsion Engine-powered n/a Down/Up Engine-powered Down/ vessels n/a n/a n/a vessels Up

7 Sandridge N S 14 Chapel St N S 4 Bridge Bridge 1 2 3 4 5 1 2 Vessels without engine Vessels without engine Down Down Up Down/Up Up used for propulsion used for propulsion Engine-powered Down/ Down Up vessels Up Engine-powered vessels Down/Up n/a LEGEND

All vessels permitted Down = downstream direction of travel 7 Only engine-powered vessels permitted Up = upstream direction of travel MAP 2 – Yarra River Proposed Waterway Rules – Herring Island to Dight’s Falls

10 Hawthorn Rowing NB: there will be a final stopping and turning 1 MacRobertson Bridge Club Landing zone downstream of Dight’s Falls

2 Heyington Rail Bridge Clarke St Anderson 3 Monash Fwy Bridge Canoe Ramp Melbourne Reserve 4 Wallen Rd Bridge Girls’ College Canoe Ramp Landing 5 Hawthorn Rail Bridge 6

7 Victoria Bridge 9 8 Walmer St Bridge Strathcona Landing 9 Gipps St (Collins) Bridge 10 Johnston St Bridge

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4 Alma Wharf Landing Leonda Landing Power St Landing

8 7 Walmer St Landing

Harrison Crescent 1 Reserve Landing

St Kevin’s Landing 2

3 Richmond Scotch College Landing Landing 6

Legend

Restricted Zone – all vessels

Turning & Crossing Zone – rowing boats and dragon boats

Stopping zone – rowing boats and dragon boats

8 BRIDGE ARCH GUIDE 2 – Upstream of Herring Island to Dight’s Falls

1 MacRobertson N S 6 Hawthorn N S Bridge 1 Bridge 1

Vessels without engine Vessels without engine Down/Up Down/Up used for propulsion used for propulsion Engine-powered vessels Down/Up Engine-powered vessels Down/Up

2 Heyington Rail N S 7 Victoria Bridge N S Bridge 1 2 1 2 3

Vessels without engine Vessels without engine Down Down/Up Down/Up used for propulsion used for propulsion

Engine-powered vessels n/a Down/Up Engine-powered vessels Down/Up

8 Walmer St N S 3 Monash Fwy N S Bridge 1 Bridge 1 Vessels without engine Vessels without engine used for propulsion Down/Up used for propulsion Down/Up Engine-powered vessels Down/Up Engine-powered vessels Down/Up

4 Wallen Rd N S 9 Gipps St N S Bridge 1 2 3 (Collins) Bridge 1

Vessels without engine Vessels without engine Down/Up Down/Up used for propulsion used for propulsion Engine-powered vessels Down/Up Engine-powered vessels Down/Up

5 Hawthorn Rail N S 10 Johnston St N S Bridge 1 Bridge 1

Vessels without engine Vessels without engine Down/Up used for propulsion Down/Up used for propulsion Engine-powered vessels Down/Up Engine-powered vessels Down/Up

LEGEND

All vessels permitted

Only engine-powered vessels permitted

Down = downstream direction of travel

Up = upstream direction of travel 9